Brazil opinion article questions constitutional limits of betting ban under MP 1.394

Summary

A BNLData opinion article by Felipe Augusto Loschi Crisafulli argues that Provisional Measure 1.394 of 25 September 2026 returns betting to an absolute prohibition. The author contends that once regulation delivered protections such as age checks, self-exclusion and consumer safeguards, the state must justify any reduction in protection levels. He cites the constitutional principle against social retrogression and Supreme Federal Court case law on limits to undoing social gains.